Aos

[Junior818 65]

Hi everyone  I have a  question, am about  to  move in with  my usc wife and her mother  but they are  under  section  8 housing,will that affect  my AOS petition? 

[GreatDane 366]

1 hour ago, Junior818 said:

Hi everyone  I have a  question, am about  to  move in with  my usc wife and her mother  but they are  under  section  8 housing,will that affect  my AOS petition? 

Someone who becomes a "public charge" isn't eligible for immigration benefits so you're right that Housing assistance won't affect their ability to AOS BUT it IS a means-tested benefit and if the immigrant uses it the sponsor will be required to pay back the government.

Here is info on the means tested benefits: http://travel.state.gov/visa/immigrants/info/info_3183.html#4

So if the USC uses it it's not a problem for them as long as the immigrant isn't included in the process of getting it. If the immigrant uses it the sponsor will need to pay back what was used to the government.

[Junior818 65]

4 minutes ago, GreatDane said:

Someone who becomes a "public charge" isn't eligible for immigration benefits so you're right that Housing assistance won't affect their ability to AOS BUT it IS a means-tested benefit and if the immigrant uses it the sponsor will be required to pay back the government.

Here is info on the means tested benefits: http://travel.state.gov/visa/immigrants/info/info_3183.html#4

So if the USC uses it it's not a problem for them as long as the immigrant isn't included in the process of getting it. If the immigrant uses it the sponsor will need to pay back what was used to the government.

OK thanks  greatdane,but I click on the  link but it says page not found 

[WandY 430]

Also, probably illegal to move in to someone's home that is Section 8 WITHOUT prior approval. I owned some rentals that went to Section 8 and I sold them because of the strict requirements for Section 8. Each resident must be listed because Section 8 is only for people that make under certain poverty guidelines; additional income from additional household residents may be over the income guidelines for Section 8. Lots of rules when you get taxpayer money for housing.

[Junior818 65]

1 minute ago, WandY said:

Also, probably illegal to move in to someone's home that is Section 8 WITHOUT prior approval. I owned some rentals that went to Section 8 and I sold them because of the strict requirements for Section 8. Each resident must be listed because Section 8 is only for people that make under certain poverty guidelines; additional income from additional household residents may be over the income guidelines for Section 8. Lots of rules when you get taxpayer money for housing.

Oh dang,thanks wandy

[Pinkrlion 2,724]

You cannot live in Section 8 housing as you would have to be added to the application and voucher which means you are a public charge.  How can your wife sponsor u, and be on public housing.  Income is below guidelines.  Regardless of if she receives a fee waiver, you will not overcome public charge issue.  

[geowrian 22,338]

2 minutes ago, Pinkrlion said:

Regardless of if she receives a fee waiver, you will not overcome public charge issue.  

There's no fee waiver for family--based AOS anyway.

[Junior818 65]

17 minutes ago, Pinkrlion said:

You cannot live in Section 8 housing as you would have to be added to the application and voucher which means you are a public charge.  How can your wife sponsor u, and be on public housing.  Income is below guidelines.  Regardless of if she receives a fee waiver, you will not overcome public charge issue.  

Thanks  for your  opinion pinkrlion

[PRC Rabbit 40]

Old Post but to anyone who may  read it:

There are different types of  Section 8 programs.

Each State administers it's own plan as funded by the Federal Government through  HUD. 

Receiving Section 8 does not mean a person is a public charge. 

I read this often and it is flat out wrong and untrue. 

A person can receive Section 8 and successfully sponsor a K1 and AOS.

 

However, there are some States that link their Section 8 programs to Public Housing.

These programs are often the basis for the mistaken opinions expressed here on VJ.

Not all Section 8 programs are the same.

[geowrian 22,338]

2 hours ago, PRC Rabbit said:

Old Post but to anyone who may  read it:

There are different types of  Section 8 programs.

Each State administers it's own plan as funded by the Federal Government through  HUD. 

Receiving Section 8 does not mean a person is a public charge. 

I read this often and it is flat out wrong and untrue. 

A person can receive Section 8 and successfully sponsor a K1 and AOS.

 

However, there are some States that link their Section 8 programs to Public Housing.

These programs are often the basis for the mistaken opinions expressed here on VJ.

Not all Section 8 programs are the same.

I’ll just add that the new public charge rule does include housing programs like section 8 now. This does not mean one doesn’t qualify for section 8, but at the time of determination of being s public charge or not, the likelihood of having to use it OR the sponsor having used it are now negative factors.

[PRC Rabbit 40]

Geowrian,

Good point.  I foresee  problems with this "negative factor" classification  because it cannot be  applied  uniformly.

There are so many different ways that a Tenant  and/or a  Homeowner can receive Section 8.

It hard to believe that Homeowner's receipt of  Section 8 benefits to pay down their  private mortgage held by a private bank, can be deemed a negative factor. 

That distinction has an 'arbitrary and capricious' sound to it.

[PRC Rabbit 40]

I just read the Housing section(s) of the Comment & Response portion of the new rules. It was a long  read! 

It specifically excludes the Home Ownership program available to Housing Choice Voucher ("HCV") holders.  

Most  of the  Housing rules appear to focus on  Public Housing occupants.

I saw no mention of  people using  HCV in the private housing, rental market.

There's a world of a difference. 

Tenants  with HCV   who rent from private Landlords  have the option to enter the  home ownership program anytime (at least in NYC).  

I suspect that rule will be later clarified/restricted to Public Housing only.  

By definition,  Public Housing requires near-poverty or zero  income.

No one would live there if they had a choice.

 

The HCV program is the bread and butter of the  private housing market in big cities.

The new Housing rules are a real 'hatchet job' that have not been thought very well.

Moreover, all the AOS applications pending on October 15, 2019 will be determined by the old rules. 

I suspect  USCIS may  approve the pending Case Ready AOS applications very  fast   just to get them out  so they can grapple with the new rules.

Confusion will reign.

Edited September 5, 2019 by PRC Rabbit

[Ontarkie 14,518]

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